2. Intellectual Property
“KIKO” and “KIKO MAKE UP MILANO” are trademarks owned by KIKO S.p.A. (“Trademarks”). All other trademarks, service marks, domain names, logos and company names (collectively “Other Trademarks”) displayed or referred to on the Website are trademarks, registered trademarks, service marks, domain names, logos, company names of or are otherwise the property of Kiko or their respective owners.
KIKO vigorously enforces its intellectual property rights to the fullest extent permitted by law. Accordingly, KIKO will prosecute any unauthorized use or reproduction of any of the Content, databases used to store the Content (“Databases”) and any other information contained therein that violate the protection afforded by the United States and international copyright law and trademark law, and/or other state, federal, and international laws and regulations, including laws pertaining to contracts, and privacy and publicity.
3. Use of the Website
User acknowledges and agrees that any and all misappropriation or misuse of the Content, Databases and/or any other information contained therein will cause irreparable harm to KIKO and that in such event money damages will not constitute sufficient compensation to KIKO. Consequently, in the event that User, directly or indirectly, misappropriates or misuses the Content, Databases and/or any other information contained therein, User specifically consents to KIKO obtaining injunctive relief against User in addition to any other legal or financial remedies to which KIKO may be entitled.
4. Registration and User ID
In order to take advantage of the Services, Users may choose to register on the Website by entering certain Personal Data and following the instructions given in the registration program. User hereby agrees that all Personal Data provided to KIKO in connection with registration is accurate and up-to-date. In the event a User’s Personal Data changes, User agrees to update it on the Website using the instructions available thereon.
5. User Submissions
With respect to User Submissions, User acknowledges, warrants and agrees that:
1. User’s Submissions will be true and accurate, and the original work of User’s authorship, that User is not employed or otherwise being compensated by the provider of the products or services (if any) that User’s Submissions relate to, and that User is not impersonating any other person;
2. User has the right to make User’s Submissions without violating the copyright, trademark, patent or other intellectual property rights of any person or entity, and the Submissions will not contain any content, personally identifiable information or other information or materials of any kind that relate or refer to any other person or entity other than the provider of the products, goods or services to which User’s Submission relates; and
3. User’s Submissions will not violate any law, or in any manner infringe or interfere with the rights of others, including but not limited to the use of names, information, or materials that (a) libel, defame, or invade the privacy of any third party, (b) are obscene or pornographic, (c) are harmful, threatening, offensive, abusive, harassing, vulgar, false or inaccurate, racially, sexually, ethnically or are otherwise objectionable or otherwise contrary to the laws of any place where such Submissions may be accessed; (d) constitute personal attacks on other individuals; (e) infringe the intellectual property, trade secrets or proprietary rights of any third party; (f) promote criminal or other illegal activity; (g) promote or advertise any person, product or service or solicit funds; or (f) are deemed confidential by any contract or policy.
6. Digital Millennium Copyright Act
If notified of an allegation that the Website contains infringing information, materials or other content, KIKO may investigate the allegation and determine in its sole discretion whether to remove or request the removal of the same from the Website. Notices to KIKO regarding any alleged infringement should be sent to KIKO at the address set forth above.
7. Links to and from Third Party Sites
There may be circumstances in which access to the Website is provided by a hypertext link located at another third party website. KIKO has no responsibility for the content of such other websites, KIKO does not make any representations or give any warranties or conditions with respect to any information contained in or at such other websites and User acknowledges and agrees that KIKO shall not be liable for any damages or injury resulting or arising from the content of or access to such other websites. KIKO does not endorse the individuals, companies or other similar entities, or any products or materials associated with such individuals, companies or other similar entities, which provide a link to the Website. Unless approved in writing in advance by KIKO, User agrees not to: (i) provide or create a link to the Website; or (ii) create any frames at any other websites pertaining to any of the Content located on the Website. User further agrees not to post any materials to the Website without the express written permission of KIKO.
KIKO has extensive security measures in place to protect the loss, misuse and alteration of the information stored in its Databases. KIKO will exercise reasonable care in providing secure transmission of information between Users’ computers and KIKO’s servers, but given that no information transmitted over the Internet can be guaranteed 100% secure, KIKO does not ensure or warrant the security of any information transmitted to KIKO over the Internet, and KIKO accepts no liability for any unintentional disclosure of User’s information.
9. No Warranties; Limitation of Liability
THIS DISCLAIMER OF LIABILITY APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT NEITHER THE KIKO BUSINESSES NOR ANY OF THEIR AFFILIATES ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER. WITHOUT LIMITING THE FOREGOING, THE KIKO BUSINESSES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
User agrees to indemnify, defend and hold KIKO, KIKO Businesses, and their respective parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of User’s use of the Website and/or any Content, information (text or graphical), software, or products obtained through the Website and/or from KIKO.
12. Applicable Law
13. Severability; Waiver
14. Entire Agreement
15. Communications and Complaints
All User communications and complaints regarding KIKO and the Website shall be communicated by email or postal mail to the address set forth hereinabove.
16. Each online consumer is allowed to buy at most 6 pieces of each product, for a maximum purchase order of 400$.
Conditions of Sale
The products, services and promotional samples available from the KIKO Cosmetics website are for personal use only. Online consumers are not authorized to sell or resell the products, services and promotional samples received. KIKO Cosmetics reserves the right to reduce or terminate the supply of any goods or services regarding which it has reason to believe that the behavior of users violates the Conditions of Sale.
Each online consumer is allowed to buy at most 6 pieces of each product, for a maximum purchase order of 400$.